FAGAN v. SEARS ROEBUCK & CO.


97 A.D.2d 979 (1983)

David Fagan et al., Appellants, v. Sears Roebuck & Co., et al., Respondents, and Globe-Union, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 4, 1983


Order unanimously reversed, with costs, and motion denied.

Memorandum:

Plaintiffs appeal from an order granting summary judgment in favor of defendants Sears Roebuck & Co. (Sears) and Acme Electric Corp. Defendant Globe Union, Inc., appeals from the same order dismissing Globe's cross claim against Acme and Sears. Trial Term erroneously granted summary judgment to Sears and Acme. Questions of fact exist as to whether the failure to warn or adequately instruct...

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